A bill to amend the patent law to restore the term of the patent grant for the period of time that nonpatent regulatory requirements prevent the marketing of a patented product.
Patent Term Restoration Act of 1982 - Amends the patent law to extend the terms of patents which encompass specified products or a method for using a product, any of which are subject to certain nonpatent regulatory review periods. Sets forth the terms and conditions of such extension, including a seven year limitation. Directs the Commissioner of Patents to issue to the owner of record of a patent a certificate of extension stating the fact and length of the extension and identifying the product and the use and the claim to which such extension is applicable. Makes such certificate a part of the original patent.
Limits the application of such patent term extension to patents for products subject to regulation under the Federal Food, Drug, and Cosmetic Act, the Public Health Service Act, the Federal Insecticide, Fungicide, and Rodenticide Act, the Toxic Substances Control Act, and the Act of March 4, 1913 (relating to virus, serum, toxin, and analogous products). Requires further extensions of the patent term for certain products approved under the Federal Food, Drug, and Cosmetic Act before January 1, 1981, but whose regulation granting approval was stayed for a period of time.
Clean Bill H.R.6444 Forwarded by Subcommittee to Full Committee in Lieu.
Introduced in House
Introduced in House
Referred to House Committee on The Judiciary.
For Previous Action See H.R.1937.
Committee Consideration and Mark-up Session Held.
Committee Consideration and Mark-up Session Held.
Ordered to be Reported (Amended).
Reported to House (Amended) by House Committee on The Judiciary. Report No: 97-696.
Reported to House (Amended) by House Committee on The Judiciary. Report No: 97-696.
Placed on Union Calendar No: 432.
Called up by House Under Suspension of Rules.
Considered by House Vote Postponed Until September 15, 1982.
Failed of passage/not agreed to in House: Failed to Receive 2/3's Vote to Suspend and Pass by Yea-Nay Vote: 250 - 132 (Record Vote No: 322).
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Failed to Receive 2/3's Vote to Suspend and Pass by Yea-Nay Vote: 250 - 132 (Record Vote No: 322).
Roll Call #322 (House)